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Sole representatives of overseas firms | Working in the UK | Work Permit

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The sole representative visa is a category which allows a business to expand their services in the UK. The visa category contains 2 type of employment that a person can undertake in the UK.

The purpose of the sole representative visa is to permit an overseas business to set up a subsidiary or a UK branch in the UK. Further to this, the policy sets out in the immigration rules allowing an employee of an overseas newspaper, news agency or a broadcasting organisation to work in the UK for the organisation who is based outside of the UK.

Those employees intending to be working for their overseas employers in the UK for less than 6 months, may be able to apply for a visa under the business category. For more information, you can email us at info@icslegal.com or call us on 0207 237 3388.

Sole representatives of an overseas business

The requirements of a sole representative visa require you to meet the following as set out by the immigration rules.

  1. You must be employed outside of the UK, by a company whose head office and their principle place of business is outside of the UK.

  2. As part of your application, you will need to show that you have industry experience and knowledge. The Home Office have a right to request further information on this as well as interviewing you as part of their visa process.

  3. Must hold a senior position within the company because the Home Office will expect you to make decisions for your business in the UK.

  4. You must not be a majority share holder of the business; therefore a business owner cannot apply under this visa category.

  5. Able to demonstrate that you hold full authority in order to make decisions on behalf of the business.

  6. To establish the businesses first presence in the UK.

  7. You must demonstrate that you meet the English language requirements, as you will need to prove you would be able to communicate in English.

Parent company for the sole representative visa

The purpose of the application is to allow a parent company to open a branch in the UK. They must be able to demonstrate that they have a strong financial position, as well as demonstrate that the business has a clear vision of where it needs to be at.

The burden of proof will sit on you as well as your employer, to prove to the Home Office that the business is a genuine enterprise and has a strong plan of what it intends to do in the UK. Its current financial reports will need to show that the business can work in the UK. The business must remain outside of the UK as its principle place of business.

Overseas media business

The second visa category is the overseas media employee visa which allows journalists, producers, and news cameraman, to work in the UK for their employers. To meet the published requirements of the immigration rules, here are the requirements as follows:

  1. You must be recruited and employed from outside of the UK.

  2. Intend to work for your overseas employer who is a media organisation.

  3. You will not be allowed to work for anyone else.

  4. You must be based in the UK and working on a long term assignment.

  5. You must apply for the visa prior to your entry to the UK.

  6. Able to demonstrate that you can maintain and accommodate yourself in the UK.

  7. You must meet the English language requirements.

Indefinite leave to remain under the sole representative visa

You can apply for indefinite leave to remain once you have completed a 5 years continuous period of residency in the UK.

At first, you will need to make sure you do not fall for refusal under the general grounds of refusal. Here is in summary what you will need to meet in order to apply for indefinite leave to remain.

  1. You have been in the UK for a period of 5 years continuously and no break of residency.

  2. Continue to meet the requirements of an overseas representative of a business or media representative.

  3. You will need to meet the extension requirements and demonstrate the business is still present in the UK.

  4. Parent business must continue to be based outside of the UK.

  5. You must meet the knowledge of life requirements including the English language requirements.

  6. Able to demonstrate that you can support yourself financially and have adequate accommodation.

Frequently asked questions about the sole representative visa

You will find some useful information below regarding the sole representative visa and its process.

How to lodge an application for a sole representative visa

The application is based online for a sole representative visa and will need to be completed in full. After submitting your application, it will allow you to book your visa appointment. You must ensure all the specified evidences are enclosed at the date of application in line with the immigration rules.

How long does a sole representative visa take to be decided by the Home Office

First of all, this depends on the country of application. However in most cases, an application is decided within 15 working days. Failure to provide all the specified documents can result in the delay of the application or possible refusal.

Can ICS Legal advice and help on the sole representative visa

We first would assess and advise whether you meet all the requirements of the visa category as a sole representative.

If you do, then we will help with the application which includes advising on evidences, checking to make sure the documents meet the specified requirements of the immigration rules, draft our legal representation letter setting out how the sole representative visa requirements have been met and provide full instruction on the process.

Do I need a business plan and any expert help in the UK?

As with any business, you will need to have a full business plan as part of this application if you are applying as an overseas business and this can be completed by ICS Legal’s project team. We can complete a full business plan, which is realistic and meets the requirements of the visa.

We use our experience and knowledge to prepare the financial reports and build a comprehensive business plan for you. Please email us on info@icslegal.com for further information. When emailing us, please provide as much information as possible, so we can advise on the projected costs of the business plan.

If a sole representative visa is refused, can the decision be appealed?

An application that is refused under the sole representative visa cannot be appealed against however you can lodge a request for a review of the decision. It is advisable that you seek legal advice on the refusal of the sole representative visa prior embarking on the process to challenge the decision. If the review does not overturn the decision, you have other legal remedies to challenge the decision.

Taking legal advice on the sole representative visa

We at ICS Legal will provide guidance and correct advice on which route to apply under the sole representative visas and we find this is essential when considering working in the UK. You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at info@icslegal.com.

Related FAQ's

We specialise in Immigration Law, Human Rights Law, British Nationality Law & European Law. Our lawyers provide honest, exceptional service to our clients. We believe that our service starts when we submit your application and we want our client to know we will keep them informed, answer there questions and your case worker will be just a phone call away.

Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.

There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.

Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.

Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.

The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.

We are regulated by the Office of the Immigration Services Commissioner (OISC). OISC is the government regulated body and it is a criminal offence if someone is providing Immigration advice without being regulated by the OISC. We are also members of Joint Council for the Welfare of Immigrants (JCWI). JCWI is an independent national voluntary organisation, campaigning for justice and combating racism in immigration and asylum law and policy.
Your case worker would take some background information regarding yourself. Relevant questions would be asked to ascertain whether your case can be handled by our team. You will also be able to ask questions, understand what is required to meet the Immigration Rules, Nationality Law and EU Law where relevant. Should we be able to provide assistance, your case worker will give you a customer care letter whereby it would outline the service agreement and the cost associated.
After each consultation we aim to provide a consultation report which would outline what was discussed, the action plan and what to do next.
We have a procedure in place for ensuring client confidentiality. We keep the affairs of our clients and all information relating to our clients confidential, except where we are compelled to disclose information by reason of a legal or regulatory obligation.
A customer care letter from us will ensure that we outline the service we would be providing, it would also provide a break down of the costs associated so you can rest assure that there are no hidden charges and that fees do not go up unless changes are made (i.e. Home Office fees etc).

We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.

 

Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.

Yes, we have a special provision with the Home Office and majority case decisions are made on the same day.
As a private legal firm, we want to ensure we can provide the service you want. Our fees are very competitive and that is why we do not provide a No Win No Fee service as we do not feel the need to over charge our clients with such schemes.
With us, you will know exactly what we would be charging. The fees are to be paid through cheque, cash or bank transfer. Home Office fees can be paid to us and we can make the payment on behalf of you. If there is any changes in Home Office fees, we will let you know immediately.
Our commitment to our clients is that we will update you every time we get an update from the Home Office. The waiting period can be a very daunting time as decisions can be life changing however the Home Office do set some guidelines on waiting times, but we intend to keep you updated throughout the process.
No, and this is the same even if you use a no win no fee service, it would be impossible for anyone to guarantee a successful application. The likelihood of an application being successful can be given based on previous cases or success rates, however we do not operate such a policy of selling our services based on previous applications.
We aim to ensure that this service is not used by any of our clients, but there are times where even with the best possible applications are unsuccessful. As we take our clients cases personally, we would like to provide a helping hand. We have designed an aftercare service whereby if your case fails, then your case worker would be able to help you look at other formalities of staying in the UK should you have valid leave still remaining or help you make an out country application. Please note should you require appealing on your matter, we can only deal with the initial appeal and your application will be straight away referred to an advisor who deals with representations.
It is vital that all our clients can provide honest feedback, we would encourage this and this helps us to become better on our service delivery.
No, we are a law firm which provides support in UK Immigration, Nationality and EU Free Movement Rights. However we have a subsidiary company which is jobslibrary.co.uk whereby you can look for work, apply and discuss with potential employers. We cannot influence any decisions and finding work is not something our team deals with.

1) You contact us through e-mail or phone.

2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.

3) Your case then gets passed to a case worker.

4) Case Worker would contact you to set up an initial meeting.

5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.

6) You authorise us to be your legal representative by signing our customer care letter.

7) We will then start to request documents and information about your case this will build up your case pack.

8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.

9) Where possible we will go through every aspect of your case before case submission.

10) We will continue to update you throughout the case life cycle .

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